Uttarakhand High Court

BA1/1047/2008 of SMT CHANDO @ CHANDRAWATI Vs STATE OF UTTARAKHAND on 26 December 2008

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COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 26th December, 2008 1st Bail Application No. 1047 of 2008 Order on the bail application of the accused. Smt. Chando @ Chandrawati W/o Shri Nathhu Singh ….Applicant Verus State of Uttarakhand ….Opposite Party

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated Nainital the 26[th] December, 2008 1[st] Bail Application No. 1047 of 2008 Order on the bail application of the accused.

Smt. Chando @ Chandrawati W/o Shri Nathhu Singh

….Applicant

State of Uttarakhand

Verus

….Opposite Party

In Case Crime No. 431 of 2008 U/s 304-B I.P.C. Police Station Kashipur District Udham Singh Nagar Hon’ble J.C.S. Rawat, J.

Heard Mr. Pratiroop Pandey, Advocate for the applicant; Mr. B.S. Parihar, Brief Holder for the State; and perused the record.

After due consideration of the submissions of the learned counsel for the parties; perusal of the statement of Arif Chaudhary, neighbour of the deceased; Shailbala, land lady of the deceased; the fact that the deceased and her husband were residing separately from her father-in-law; this fact has been admitted in the above statements of the witnesses; the fact that the present applicant is a lady (mother-in-law of the deceased); the fact that this is a case of parity; the learned Brief Holder did not dispute that it is not a case of parity; and the facts and circumstances of the case, it is a fit case for bail.

Let the accused/applicant be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate.

Dated 26.12.2008 Shiv

(J.C.S. Rawat, J.)

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